Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury will determine this in accordance with the evidence they are presented with.

To be held liable for injuries the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent to which negligence contributed to the accident.

Liability

The aim of a motor accident claim is to collect damages for damages and injuries caused by negligence of another party. If the injured party is not in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit requires that the negligent act of a defendant or inaction resulted in a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining whether the person at fault or a different defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's responsibility by relying on tort liability rules. This includes a defendant’s obligation to the victim, the defendant's violation of this duty direct and real causation and injuries.

Additionally, a skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle could be involved in an action. Most automobile insurance policies grant coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish damages suffered by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses that are incurred, as well as future losses that are expected due to the injuries sustained. These are referred to as economic and noneconomic damages.

The former covers things like medical expenses and lost income. The latter is compensation for more intangible things like pain and suffering. It can be difficult to determine an exact dollar value to damages that are not economic like mental distress and loss of enjoyment of life.

Your lawyer will help to determine your damages using a variety methods. This includes hiring experts in the field of accident reconstruction who review photos of the scene, police reports, witness testimony, and other evidence to help reconstruct how the crash occurred.

Your lawyer will also help your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. These will include estimates of costs for future care and assistance along with wage projections and other financial considerations. These are essential to ensure that you're fully compensated for losses that you have suffered and be able to recover in the future.

Comparative Fault

In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. This is a major issue in a lot of cases and something your lawyer may need to prove.

Most states have a form of a comparative fault law that allows victims to receive compensation even if a portion of the blame is attributed to an accident. The amount of the settlement will be determined by their level of blame. If, for example an award of $100,000 is made by a jury for your injuries, and then determines that you're 40 percent responsible, you will only receive $60,000.

There are two distinct types of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they're at fault for more than 50 percent. It is followed by several states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to seek damages in the event that they're found to be 99% at fault.

Statute of limitations

In most situations, a person is injured in a car accident is entitled to file a lawsuit against the person responsible for the crash. However these lawsuits must be filed within a specific period of time, also known as the statute of limitations, or the victim's legal claim is forfeited and barred for ever.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle the case, and everything to do with the initial triggering event in the case, which is the incident or accident that caused the injury. Determining the exact time the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain instances, this timeline can be reduced. For example, in cases where minors are involved, the statute of limitations is paused until the child becomes emancipated by getting married or reaching age 18, which is typically two years after the date of the accident. Other exceptions exist, and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience in representing and advising public utilities and public entities on matters relating to Motor Vehicle Accident Lawyers vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities, such as electric, gas, and water/sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle crash case, we can help determine the responsible parties and assist you in your quest for compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including the wrongful deaths.

Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics firms on car accidents and product liability claims. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready expertise to achieve the best possible client outcome whether it's a summative resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident attorneys vehicle, motorcycle and truck dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, as well as relocations.